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High Court Allows Appeal in Railway Accident Claim — Deemed Passenger Status Upheld. Death of a person found on railway premises with a valid ticket is an 'untoward incident' under Section 124A of the Railways Act, 1989, and the burden to prove negligence or self-inflicted injury lies on the railway.

The case involves an appeal by the dependents of Kiran Yennam, who died in an alleged untoward incident on 04.03.2010. The claimants, his wife, minor ...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Untoward Incident Despite Missing Ticket. Held that failure to recover ticket does not negate bona fide passenger status when other evidence establishes valid purchase.

The appellants, being the wife and children of the deceased Ruprao Barde, filed a claim for compensation before the Railway Claims Tribunal, Nagpur, a...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Untoward Incident Under Section 124-A of Railways Act, 1989. Fall from Train Due to Jerk and Rush Constitutes Untoward Incident; Tribunal's Rejection Based on Nature of Injuries Set Aside.

The appeal was filed by the original claimants, Nirmala wd/o Nagorao Gadling and Sachin s/o Nagorao Gadling, challenging the judgment and award dated ...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Death Due to Sudden Jerk Constitutes Untoward Incident. Parents of Deceased Entitled to Compensation Under Section 124A of the Railways Act, 1989 as Deceased Was a Bonafide Passenger.

The appeal arises from a judgment and award dated 28/04/2017 passed by the Railway Claims Tribunal in OA(IIu)/NGP/2015/0213, whereby the Tribunal reje...

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Madras High Court Dismisses Appeal Challenging Land Acquisition for Railway Project Under Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 — Procedural Infirmities Not Established.

The appellant, Sampath, owned lands in Veppasennampatti Village, Harur Taluk, Dharmapuri District, which were sought to be acquired under the Tamil Na...

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Bombay High Court Dismisses Union of India's Petition Challenging Arbitral Award in Railway Lease Dispute. Arbitrator's finding of breach of contract and award of damages upheld as not perverse under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Union of India, through the General Manager of Western Railway, filed a petition under Section 34 of the Arbitration and Conciliation ...

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Bombay High Court Dismisses State Appeal in Railway Property Case for Lack of Proof of Railway Ownership. Essential ingredient of unlawful possession of railway property not established as prosecution failed to prove that seized scrap belonged to railways.

The State of Maharashtra appealed against the judgment and order of the Judicial Magistrate, F.C. (Rly.), Manmad, in Regular Criminal Case No. 56 of 1...